•Convicts get life sentence, 60 strokes of cane
From Olanrewaju Lawal, Birnin Kebbi
•Dr. Marshall, Commissioner for Justice
In Kebbi State, rape cases have been on the rise, especially defilement of minors and natural offence known as sodomy. Despite the trauma victims go through, their cases used to be terminated when victims’ parents declined to continue in order to savee their daughters or sons from stigmatization.
Other parents used to attribute their inability to go further with their cases due to lack of money to hire a lawyer or stress of coming to court regularly from their villages.
However, it is no longer business as usual for rapists of minors and adults in the state since the GBV/Child Rights Bill passed by the immediate past Kebbi State House of Assembly and signed into law by the former governor of the state, Sen. Abubakar Atiku Bagudu. The new law, known as VAPP, slates life imprisonment for perpetrators.
Already, from January to May 2024, about 50 cases comprising rape, defilement, sodomy and GBV were recorded and taken to special courts for determination. While many of these cases have been concluded and awaiting sentences, some of the suspects have been convicted to life imprisonment.
Within six months last year, 39 rape cases were reported in the state and confirmed by the Permanent Secretary, Ministry of Women Affairs, Hajiya A’isha Muhammad-Maikurata. Also, Hisbah, Kebbi State command, Argungu office, arrested six males in May 2024, for allegedly raping a 12 years old girl in Argungu.
In the old law, Penal Code of 2021, which is now used interchangeably with VAPP 2024, it is stated that (1) whoever commits rape shall be punished with imprisonment for life. (2) When a court is trying the offence of rape, corroboration shall be immaterial where the victim is a child. (3) When the victim is a child below the age of 14, the court shall in addition to the conviction under subsection (1) order that he be listed in the sex offenders register, and liable to 16 lashes in public place. Whoever has sexual intercourse against the order of nature with any man, unnatural offence, or woman or animal such as sodomy, lesbianism or bestiality shall be punished with imprisonment for life.
“261. (1) Whoever commits an act of gross indecency upon the person of another. Acts of gross indecency without his consent or by the use of force or threats compels to join with him in the commission of such act, shall be punished with imprisonment for a term of not less than 14 years and shall also be liable to fine of not less than one hundred thousand naira. Consent given by a child to such an act when done by his teacher, guardian or any person entrusted with his care or education shall not be deemed to be a consent within the meaning of this section.
“A person is said to have committed gross indecency if he:(a) Violates or otherwise molests another, or (b) By the use of force or threats compels a person to join him in the commission of such act; or
“(c) Does any act which infringes on the reputation and dignity of another.262. (1) Any person who detains another person against such person’s will in any unlawful detention with intent premises for the purpose of unlawful sexual intercourse with the person is guilty of an offence and is liable to imprisonment for a term of not less than three years or with the fine of not less than N50,000 or both.
But in the new law of 2024, tagged VAPP, which covers many new incidents happening across the globe, it stated that (1)A person commits the offences of rape if (a) He or she intentionally penetrates the vagina, anus or mouth of another person with any other part of his or her body or anything else; (b) The other person does not consent to the penetration; or (c) The consent is obtained by force or means of threat or intimidation of any kind or by fear of harm or by means of false and fraudulent representation as to the nature of the act the use of any substance or additive capable of taking away the will of such person or in the case of a married person by impersonating his or her spouse. (2) A person convicted of an offence under subsection (1) of this section is liable to imprisonment for life except-(a) Where the offender is less than 14 years of age, the offender is liable to a maximum of 14 years imprisonment;(b) In all other cases, to a minimum of 12 years imprisonment without an option of fine; or (c) In the case of rape by a group of persons, the offenders are liable jointly to a minimum of 20 years imprisonment without an option fine. (3)The court shall also award appropriate compensation to the victim as it may deem fit.”
While speaking on the rape cases, human rights crusader in the state, Zarah Ahmad, told members of the Kebbi State House of Assembly: “We note that rape is not only a criminal offence per according to section 357 and 358 of the Criminal Code Act, S. 258 of the Penal Code Act and S.1 of the Violence Against Persons Prohibition Act VAPP (2015), it constitutes the breach of fundamental rights to dignity, freedom from inhumane treatment and in many cases as demonstrated above, the violation of the right to life enshrined in chapter 4 of the Nigerian constitution.
“In view of this, we, therefore, urge the honourable members of Kebbi State House of Assembly to deploy your good offices to ensure that all pending bills in the House meant for legislation to protect women’s rights and girls against any form of sexual GBV are passed and domesticated into laws with immediate effect for justice to be uphold.
“Our request becomes necessary in view of the number of rape incidences across Kebbi State that have left many women, including minors and their families devastated, injured and sometimes dead. Very often, the perpetrators escaped justice or received justice not commensurate to the emotional, physical and moral damages inflicted to the victims and their families.
“We are here today as mothers, wives, sisters, girls and more importantly as potential victims of rape to call on you to use the power bestowed to you and your office to take urgent action to address this challenge before every woman and girl do not feel unsafe in the country. We are also demanding for declaration of state of emergency on the sexual gender-based violence in the state and nation at large.”
Worried by the frequent rape cases, the wife of Kebbi State Governor, Hajiya Zaainab Nasir Idris, inaugurated State Technical Working Committee(TWC) on GBV to intensify efforts to eliminate the crimes in the society. She urged the CSOs, media and other stakeholders not to rest on their oars in bringing an end to the obnoxious behaviours.
The governor’s wife, who acknowledged the good performances of the TWC on public awareness against rape and GBV, charged them to continue to ensure proper prosecution of the violators.
She expressed concern over report of 39 cases of rape recorded in the state within six months. She described the figure as alarming, stressing that rape remained an ugly trend in Gender-Based Violence (GBV) that needed the support and cooperation of all to eliminate.
She also expressed concern over the number of out-of-school children in the state and urged parents to be up to their moral and religious responsibilities. According to her, lack of access to quality education is among the causes pushing young people into banditry, kidnapping and other social ills.
The governor’s wife promised that the state government would ensure that students learn skills and trades in their lower levels of education to become self-reliant and move away from social vices.
The secretary of the TWC, Mallam Nasir Idris, said that as part of the success story of their activities, 50 rapists have been arrested and few sentenced to life imprisonment by the special courts created to adjudicate on rape cases in the state between January and May 2024.
While speaking on the vices, Deputy Director, Public Prosecution, and Head of Citizens Rights and Public Engagement Unit, Kebbi State Ministry of Justice, Faridah Muhammad, a lawyer, explained that with the enforcement of VAPP law in the state, the GBV will be drastically reduced.
She said: “The 50 cases recorded were categorized into three offences in the GBV. We have rape, defilement and unnatural offence which is known as sodomy. So, within that 50 cases, there are some on the advanced stage, some we have commenced trial on it and others we have concluded trial on it. Some of these cases, we are waiting for the judges to give their judgment on them. And many of the suspects have been sent to prison. That is why we said that we have 50 cases reported from January to this month.”
Muhammad, who is also member of the Technical Working Committee (TWC) in the state, disclosed that the enforcement of VAPP in the state will go a long way to reduce GBV in the state. She said: “Whoever committed the offence of rape, defilement or sodomy, that is unnatural offences, that suspect will be sentenced to life imprisonment and it was also provided that the accused person should be taken to his communities where he resided and be given 60 strokes of cane in front of the people of the community so that the general public will know that the law is working. We believe that by doing so, the rampant cases of GBV will be reduced and the conviction of people will serve as deterrent to others trying to commit the offence.
“It is also provided in the law that there should be social offences register for those who committed such crimes. Their names will be written in the register and kept at the Ministry of Justice. The ministry is also trying to enlist the register online so that anybody can have access to it online”.
While narrating the ordeal of a nine-year-old girl raped by her neighbour, Muhammad said the case was one of the success stories they handed under the VAPP law.
She said: “There was a case that happened around Argungu axis in a village (name withheld). A nine-year-old was raped by their neighbour. When the case came for hearing, the father of the girl came to the court and faced the judge and said that he did not want the case to continue and he would not give evidence or testimony before the court.
“The judge asked why? He said that he didn’t want his community to be accusing him that it was because of his daughter that the boy was sentence to life imprisonment and people will be seeing him that he was responsible for the boy’s ordeal. So the judge told him that he can walk away but that would not stop the court to find out why the accused person committed the offence, why the girl was raped and conclude the case.
“So, the case went on and he was found guilty and convicted for life imprisonment. He was taken to that community and he was given 60 strokes of cane on a market day. That was the first case we had after the repeal and amendment of the law. That was really a celebrated case and the judge that gave the judgment was with us, Bar, before he called to the Bench.
“We have so many like that. Right now, I’m handling another one, this one is not a minor. The victim is above 18 years, she is deaf and dumb. She can’t talk and hear. These guys conspired and three of them went into her matrimonial house, jumped in and raped. But she recognized one of them.
“So, when the case came for the hearing, I invited an expert from the School of Special Needs to help us to interpret to the girl in the court and tell the court what she said. We are making our final addresses and we are hoping that in the next three weeks, we shall have our judgment.”
